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HomeMy WebLinkAbout1941-09-22-STM-min 7 TOWN WARRANT Commonwealth of Massachusetts Middlesex, ss. To either of the Constables of the Town of Lexington, in said County, Greeting: In the name of the Commonwealth of Massachusetts, you are directed to notify the inhabitants of the Town of Lexington, qualified to vote in elections and in town affairs , to meet in the Cary Memorial Building, in said Lexington, on Monday, the twenty-second day of September, 1941 , at eight o' clock P. M. , then and there to act on the following articles : Article 1. To receive the reports of any Board of Town Officers or of any Committee of the Town and to appoint other Committees. Article 2. To see if the Town will accept a Building Line as established by the Selectmen across land of George Scott adjoining Massachusetts Avenue between Merriam Street and the northerly driveway leading from Massachusetts Avenue to the Railroad Station in Lexington Center, fifteen feet (15' ) from the present north- easterly boundary of Massachusetts Avenue , in accordance with a plan now on file in the office of the Town Clerk, or act in any manner in relation thereto. Article 3. To see if the Town will authorize the Board of Selectmen to petition the County Commissioners to relocate Mass- achusetts Avenue so as to widen it to the proposed Building Line , or take any action to procure such widening. • Article 4. To see if the Town will authorize the purchase from George Scott of land or an easement in land adjoining Mass- achusetts Avenue between Merriam Street and the northerly driveway leading from Massachusetts. Avenue to the railroad station in Lexington Center for any municipal purpose and provide for the payment there- for by direct appropriation, by transfer from available funds, or by the issue of notes or bonds of the Town, or act in any manner in relation thereto. Article 5. To see if the Town will authorize a conveyance to George Scott or his nominee of a portion of land recently acquired by the Town from the Boston & Maine Railroad , adjoining the land now owned by the said George Scott, in exchange for a conveyance to the Town by the said Scott of certain land or an easement- in land at the corner of Massachusetts Avenue and Merriam Street or for any other consideration, or act in any manner in relation thereto. Article 6. To see if the Town will accept a relocation of the northerly driveway leading to the railroad station at Lexington Center as laid out by the Selectmen, or act in any manner in re- lation thereto. Arti3le 7. To see if the Town will vote to pay any sum of money to george Scott in compensation for any taking by eminent domain of his land or any easement therein or in consideration of a grant by him to the Town of the right to establish the said proposed Building Line , and to widen Massachusetts Avenue to the said Building Line if authorized by the County Commissioners, and provide for the payment of the same by direct aopropriation, by transfer from available funds , or by the issue of notes or bonds of the Town, or act in any manner in relation thereto. Article 8. To see if the Town will authorize the conveyance to George Scott or his nominee of the land on which is located the Fire Station on Merriam Street with or without the building thereon, and will determine the consideration therefor, or act in any manner in relation thereto. 8 Article 9. To see if the Town will authorize the Selectmen to provide a temporary location for the fire apparatus and other town property now housed in the Fire Station on Merriam Street and the fire alarm apparatus installed therein, or for the moving of - the said Fire Station, and will provide for the expense incident to such temporary location or moving or consequent upon a sale of the said fire house or the land on which it stands , by direct appropriation, by transfer from available funds, or by the issue of notes or bonds of the Town, or act in any manner in relation thereto. Article 10. To see if the Town will authorize the Selectmen to make alterations in the fire house on Merriam Street and will pro- vide for the Raiment of the expense incident thereto by direct appropriation, by transfer from available funds or by the issue of notes or bonds of the Town, or act in any manner in relation thereto. Article 11. To see if the Town will accept any offer by George Scott or make any contract or authorize any contract with him with reference to the matters set forth in the foregoing articles, or act in any manner in relation thereto. Article 12. To see if the Town will accept a bequest under the will of Herbert Hilton relating to Munroe Cemetery in trust to expend the income as provided in the said will, or act in any manner in relation thereto. Article 13. To see if the Town will vote to accept a gift of flags from the late Nelly Littlehale Murphy, or act in any manner in relation thereto. Article 14. To see if the Town will raise and appropriate a sum of money for the Lexington Committee on Public Safety, under the authority of Statute 1941, Chapter 487 or otherwise and pro- vide for the payment of the same by direct appropriation, by transfer from available funds or by the issue of notes or bonds of the Town or act in any manner in relation thereto. Article 15. To see if the Town will authorize the purchase of certain land of the Lexington Trust Company adjoining the Center Playground and bounding in part on the Park Drive and Waltham Street for any municipal purpose and provide for the payment there- for by direct appropriation, by transfer from available funds , or by the issue of notes or bonds of the Town and provide for the disposition of said land or act in any manner in relation thereto. Article 16. To see if the Town will appropriate a further sum of money for the construction of granolithic or bituminous concrete sidewalks in accordance with General Laws, chapter 80, and provide funds for said construction by transfer from available funds, or act in any manner in relation thereto. Article 17. To see if the Town will authorize the Selectmen to install street lights in the following unaccepted streets : Paul Revere Road ; Hillcrest Avenue - Article 18. To see if the Town will appropriate a sum of money for Westview Cemetery Maintenance , said funds to be provided by transfer from available funds, or act in any manner in relation thereto. Article 19. To see if the Town will appropriate a sum of money for School Maintenance Expenses, such appropriation to be met by transfer from available funds or by any other method. Article 20. To see if the Town will appropriate a further sum of money for Fire Department - Expenses , such appropriation to be met by transfer from available funds or by any other method. 9 And you are directed to serve this Warrant seven days at least before the time of said meeting as provided in the By-laws of the Town. Hereof fail not , and make due return on this Warrant , with your doings thereon, to the ' Town Clerk, on or before the time of said meeting. Given under our hands at Lekington, this eighth day of September, 1941. Archibald R. Giroux SELECTMEN William G. Potter sz :• - OF George W. Sarano LEXINGTON Errol H. Locke CONSTABLE'S RETURN September 13 , 1941 To the Town Clerk, I have notified the inhabitants of Lexington by posting printed copies of the foregoing Warrant in the vestibule of the Town Office Building, and nine other public places in the Town, and by mailing a printed copy of the same to every registered voter in the Town ten days before the time of said meeting. Attest : John C. Russell Constable of Lexington LL:in7ton , . 70, 7941. enament to Building BaT„Irticie 5, Sec.2, f_s 7D--,,ssea .=t :o7n LieetinE; held, 4-fri1 7, 1941, under rticle 43, AT,Lorovea By the ..ttorney 3enerc'1, --'.obel-t I Bushnell, - 1'i1 29 , 1941 . .&,.tttest ; own erz. 10 1-4 SPECIAL TOWN MEETING HELD MONDAY, SEPTEMBER 22, 1941 C.:7J Meeting called to order by the Moderator, Robert H. Holt, at 8:08 P.M. There weree170 Town Meeting Members present. Town Clerk, James J. Carroll, read the warrant, until upon motion of Albert H. Burrbam, further reading waved. 8:08P.M. The Town Clerk read the Constable ' s return of the warrant. All articles, unless otherwise noted, presented by Selectman, Archibald R. Giroux, Art. 1. George C . Sheldon, Chairman of Appropriation Committee, • presents Appropriation Committee Report. Moved by Selectman, E. H. Locke, same be acdepted and placed on file . Carried Unanimously 8:09 P .M. Selectman, Archibald Giroux, asks permission to present Articles 4 and 8 together. No objections from Town Meeting Members 8;10 P.M. Articles 4 and 8. VOTED: that the Town hereby authorize the Sel- ectmen to acquire real estate by purchase from George Scott consisting of his land between the northeasterly side of Mass- achusetts Avenue and a proposed building line, fifteen ( 15) feet therefrom, extending from Merriam Street to the northwesterly driveway leading from Massachusetts Avenue to the railroad station in Lexington Center for the purpose of widening Massachusetts Avenue in consideration of a payment of $18,000.00 and a convey- ance by the Town to the said Scott of the land on which is now located the Center Fire Station on Merriam Street; and for the purpose of payment therefore, the sum of $18,000.00 is hereby appropriated, of which, 6,000.00 shall be provided by transfer from the Excess and Deficiency Account and $12,000.00 shall be raisld- by the issue of bonds or notes of the Town payable in not more than six ( 6) years from date. Art . 8 FURTHER VO'JJED: that the Selectmen be authorized to convey to George Scott the land on which the Center Fire Station on Merriam Street now stands . Explanations by Archibald Giroux. Town Counsel, Sidney R. Wrightinston, reads agreement of attorney for Mr. Scott, same not signed. 8:24 P.M. Tom Counsel, Wrightington, states agreement presented Mr . Scott by the Town still unsigned. Moderator, Robert H. Holt, asked what was the opinion of the Appropriation Committee, Answered by Chairman, Appropriation Committee . Expected to be opposed. Rising vote taken as follows : In Favor Tellers Opposed 0 0 Leland H. Emery 0 Robert C . Merriam 0 In opposition the entire group of Town Meeting Members stood up; without count declared unanimously lost. 8:29 P.M. Selectman, Archibald R. Giroux asked for permission to re-open Article 8. 8:31 P.M. To re-open declared lost by voice vote . 8:31 P.M. Rising vote to re-open as follows: In Favor Tellers Opposed 30 Nathan B. Bidwell 0 66 Leland H. Emery 4 30 Robert C . Merriam 2 15 6 11 To reopen Carried 8;34 P.M. Selectman, Archibald R. Giroux, moves lay Article 8 on the table . Carried Unanimously 8:34 P.M. Selectman, Arc'libald R. Giroux, moved Article 11 be Indefinetely Post- poned. Carried Unanimously 8:35 P.M. Selectman, Archibald R. Giroux--Article 2 be taken up and remove Article 8 from table if no objection. No objections 8:35P.M. Art. 2. VOMD: that the Town accept the building line as established by the Selectmen on July 21, 1941 under the provisions of G. L. Ch. 82, sec . 37 over land of George Scott adjoining Massachusetts Avenue between Merriam Street and the northwesterly driveway leading from Massachusetts Avenue to the railroad station at Lexinzton Center which with the boundaries and measurements thereof was filed in the office of the Town Clerk more than seven days before this meeting and which is established as follows: "A Building Line under the provisions of General Laws, Chapter 82, Section 37, over the land, of George Scott adjoining Massachusetts Avenue , between Merriam Street and the northerly driveway leading from Massachusetts Avenue to the railroad station in Lexington Center, 15 feet from the present north- easterly line of Massachusetts Avenue in accordance with a Plan by John T. Cosvrove entitled "Plan showing Proposed Building L,ne on Massachusetts Avenue, Lexington, Mass . from Depot Square to Merriam St., July 15, 1941, Scale: 1 inch 20 feet, John T. Cosgrove, Town Engineer." Any structure existing on the said premises at the time of the establishment of this building line may remain and be main- tained in the same location and in substantially the same structural condition in which it then is." Wm. R. Greeley asks permission to show pictures of site . No ob- jections. 8: 47 P.M. George C . Sheldon reports Appropriation Committeenot in favor of that particular course of action." Theodore A. Custance asks for reconsideration of Article 8, 8:45 P.M. Ernest Cutter speaks offering the following motion: Voted: the article be Indefinetely Postponed. Motion for Indefinetely Postponed Carried Unanimously 9:02 P.M. The following Articles were Indefinetely Postponed: Article 8 Unanimously 9:02P.M. Article 5 If 903 P.M. Article 6 H 9:03 P.M. Article 9 iT 9:03 P.M. Article 3 fl 9 :03 P7;.M. Article 7 tt 9:04 P.M. Art, 10. VOTED: that the Town authorize the Selectmen to make any nec- essary alterations in the Center Fire House on Merriam Street consequent upon the removal of a shed annexed thereto which is now on land of George SCott and to provide for the expense incident thereto the sum of $50.0 .90 is appropriated to be provided for by transfer from the Excess and Deficiency Account. Carried Unanimously 9:06 P.M. Selectman, Archibald R. Giroux, asks Mr. Custance if he desired re- consideration of Article 8. Mr. Custance replies--no desire . 9:07 P.M. Art. 12. _ VOTED: that the Town accept a bequest under the will of Herbert Hilton, late of San Diego: Ctlifornia in the sum of $4,577 .47 in trust to expend the income for the benefit of Lot 42 in the Munroe Cemetery and for other purposes as follows: "To deposit the said sum in some reliable savings bank and thereafter to use the interest or dividends derived from said Principal amount to keep and maintain the Hilton lot number 42 in said Lexington Cemetery in good and proper condition and 12Arp . ;.2. repair and to purchase or supply for said lot on each and every "11-e n. _ boliki410g.66Ye 'YRigsts g etilDgepiRedoEtTn.; o v_tone and one at each grave and also on each Sunday from the second Sunday in June to the last Sunday in October of each year to obtain cne ( 1) bouquet of flowers and place it at the head- stone on each Sunday during said term, each bouquet to cost Three Dollars ( $3.00) ; also see to it that the urn on said lot is kept supplied with seasonal plants . Charges for labor and necessary supplies to carry out this plan are also to be taken f rom the interest to be derived from said prin- cipal sum. At the discretion of the owners or managers of said Lexington Cemetery all or any part of the interest or dividends from said sum may be used in beautifying and main- taining the said Hilton lot number 42. If any balance of interest remains after caring for the Hilton lot 42 the said balance may be used at the discretion of the owners or man- agers for general Lexington Cemetery purposes , " and by the codicil to the said will, "to use from the interest or dividends derived from said principal amount, the sum of Three Dollars ( 0.00) per year, to purchase or supply for the cemetery lot referred to in said Paragraph One, a green wreath every Christman Day, ad direct that in making the selection of the said wreath, one be chosen that rill weather the elements and last during all the Winter months" . Town Counsel, Sidney R. Wrightington, reads letter from Trustee of Public Trusts in opposition. James J. 1Talsh, Cemetery Commissioner, speaks in favor of the article . Article voted upon and carried unanimously 9 :19 P.M. Art. 13. VOTED: that the Town accept a gift of flags from the late Nelly Littlehale Murphy. Carried Unanimously 9:20 P.M. Selectman, Archibald R. Giroux, moves Article 14 be Indef- inetely Postponed. Carried Unanimously 9: 20 P.M. Art. 15. VOTED: that the Town authorize the Selectmen to acquire by purchase from the Lexington Trust Company, land adjoining the Center Playground and bounding in part on Waltham Street and on the Park Drive for the purpose of an addition to the Center Playground, being the land shown as "Lot B" and the parcel marked "Charles W. Ryder" on a plan entitled, "Plan of Land in Lexington belonging to Charles W. Ryder, dated February 4, 1924 by J. Henry Duffy and recorded with Middle- sex South district Deeds as Plan 23 in Book of Plans,332" , and to provide for the payment of the same , the sum of '01500.00 is hereby _appropriated to be provided by transfer from the Sale of Real Estate Fund, Voted as follows: In Favor Tellers Opposed 2657.-Man B. Bidwell 6 75 Leland H. Emery 13 26 Robert C .-Merriam 3 127 Carried 9;30P.M. Art, 16 VOTED: that a further sum of ci200.00 be appropriated for the construction of granolithic or bituminous concrete side- walks in accordance with General Laws , Chapter 80, said sum to be provided by transfer from the Excess and Deficiency Account . CARRIED Unanimously 9:31 P.M. 13 Art. 17 . VOTED: that the Selectmen be authorized to install street lights in the following unaccepted streets: Paul Revere Road; Hillcrest Avenue Carried Unanimously 9:32 P.M. Art . 18. VOTED: that a further sum of e1,000.00 be appropriated for Cemetery Maintenance - Westview, said sum to be pro- vided by transfer from the Westview Cemetery Sale of Lots Fund. Carried Unanimously 9 :33 P.M. Alton M. Phelps asks for reconsideration Article 2, which was seconded. For reconsideration In Favor Tellers Opposed 1 Nathan B. Bidwell All remaining Town Meeting 1 Leland H. Emery Members stood up in opposi- 1 Robert C . Merriam tion without being counted. Declared Lost 9:39 P.M. Art . 19 . Presented by Tracy W. Ames, School Department, VOTED: that the sum of fifteen hundred dollars 61500.00) be appropriated for School Maintenance Expenses, and to meet said appropriation that the sum of fifteen hundred dollars( $1500.00) be transferred from t1-1 Excess and Deficiency Account, Carried Unanimously 9:38 P.M. Selectmen, Archibald R. Giroux, moves Article 20 be Indefintely Postponed. Carried Unanimously 9:39 P.M. Selectman, Archibald R. Giroux, moves meeting be dissolved-seconded. Carried Unanimously 9 : 40 P.M. Attest: /7 AfOt Town Cle44-